- 1 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 2255 OF 2019 (GM-CPC) BETWEEN: 1. SMT. YASHODAMMA W/O LATE VENKATESH, AGED ABOUT 52 YEARS, 2. SRI. MURALI, S/O LATE VENKATESH, AGED ABOUT 37 YEARS, 3. SMT. GEETHA W/O S. MADHUSUDHAN, D/O LATE VENKATESH, AGED ABOUT 35 YEARS, ALL ARE RESIDING AT NO.E-480, HEBBAGODI, BHAVANI MAIN ROAD, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-560 099 …PETITIONERS (BY SRI. G.A. VISWANATHA REDDY., ADVOCATE) AND: 1. SRI. MUNISWAMY NAIDU @ VISHWANATH S/O LATE MUNIYAPPA, AGED ABOUT 57 YEARS, R/AT NO.345, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 2. SRI. K. JAYARAM S/O LATE KURLAPPA, AGED ABOUT 52 YEARS, R/AT NO.136, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 3. SRI. T.N. NARAYANA REDDY S/O LATE NAGAPPA REDDY, AGED ABOUT 67 YEARS, R/AT THIRUPALYA VILLAGE, JIGANI HOBLI, ANEKAL TALUK-560098. 4. SRI. V. SADASHIVA REDDY S/O LATE KRISHNA REDDY, AGED ABOUT 54 YEARS, R/AT NO.3536, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 5. SRI. GOPALA REDDY S/O LATE PATEL NARASHIMHA REDDY, AGED ABOUT 70 YEARS, R/AT NO.E497, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 6. SRI. SRINIVASA REDDY S/O KRISHNA REDDY, AGED ABOUT 53 YEARS, R/AT NO.196, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 7. SMT. BHAGYA W/O LATE NANJUNDASWAMY, AGED ABOUT 54 YEARS, R/AT NO.176,BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, - 3 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 ATTIBELE HOBLI, ANEKAL TALUK-560099. 8. SMT. GANGAMMA W/O LATE NARAYANA GOWDA, AGED ABOUT 62 YEARS, R/AT NO.333, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 9. SRI. BOMMA RAM S/O LALA RAMJI, AGED ABOUT 67 YEARS, R/AT NO.259, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 10. SRI. JANARDHAN REDDY S/O NANJUNDA REDDY, AGED ABOUT 55 YEARS, R/AT VINAYAKANAGAR, GOLLAHALLI MAIN ROAD, HEBBAGODI, ATTIBELE HOBLI, ANEKAL TALUK-560099. 11. SRI. RAM REDDY S/O NANJUNDA REDDY, AGED ABOUT 53 YEARS, R/AT VINAYAKANAGAR, GOLLAHALLI MAIN ROAD, HEBBAGODI, ATTIBELE HOBLI, ANEKAL TALUK-560099. 12. SRI. KRISHNA REDDY S/O NANJUNDA REDDY, AGED ABOUT 57 YEARS, R/AT VINAYAKANAGAR, GOLLAHALLI MAIN ROAD, HEBBAGODI, ATTIBELE HOBLI, ANEKAL TALUK-560099. - 4 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 13. SRI. MANJUNATHA REDDY S/O NARAYANA REDDY, AGED ABOUT 50 YEARS, R/AT BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 14. SRI. MUNI REDDY S/O PATEL NARASIMHA REDDY, AGED ABOUT 62 YEARS, R/AT THIRUPALYA VILLAGE, JIGANI HOBLI, ANEKAL TALUK-560098. 15. SRI. MUNIVENKATA REDDY S/O LATE CHINNAPPA, AGED ABOUT 60 YEARS, R/AT MUNISHWARA NAGARA KAMMASANDRA ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 16. SRI. RAJA REDDY S/O LATE NARASAPPA REDDY, AGED ABOUT 70 YEARS, R/AT THIRUPALYA VILLAGE, HEBBAGODI MAIN ROAD, JIGANI HOBLI, ANEKAL TALUK-560098. 17. SRI. H.N. PADMANABHAN S/O LATE NARAYANA SWAMY, AGED ABOUT 57 YEARS, R/AT 265, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 18. SRI. SRINIVAS S/O LATE VENKATARAMANAPPA, - 5 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 AGED ABOUT 53 YEARS, R/AT 243, BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 19. SRI. MANJUNATH S/O LATE VENKATARAMANAPPA, AGED ABOUT 48 YEARS, R/AT BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI ANEKAL TALUK-560099. 20. SMT. RATHNAMMA W/O MALLAPPA & SURESH, S/O LATE VENKATARAMANAPPA, R/AT BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI ANEKAL TALUK-560099. 21. SRI. SRINIVASAPPA S/O LATE MUTHAPPA, AGED ABOUT 72 YEARS, R/AT BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 22. SRI. SRINIVASA REDDY S/O LATE PAREL NARASIMHA REDDY, AGED ABOUT 56 YEARS, R/AT BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI ANEKAL TALUK-560099. 23. SRI. THOMAS S/O ANTONY, AGED ABOUT 51 YEARS, - 6 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 R/AT MMR SHOPPING CORNER 1ST PHASE, ANANTH NAGAR, HEBBAGODI, ATTIBELE HOBLI, ANEKAL TALUK-560099. 24. SMT. GAYATHRI D/O VENKATARAMANAPPA, NEAR BYACON, HOSUR MAIN ROAD, ANEKAL TALUK, BANGALORE-560 099. 25. SMT. MEENAKSHI D/O VENKATARAMANAPPA, BHAVANI MAIN ROAD, HEBBUGODI, ANEKAL TALUK, BANGALORE-560 099. 26. SRI. NAGESH S/O VENKATARAMANAPPA, BHAVANI MAIN ROAD, HEBBUGODI, ANEKAL TALUK, BANGALORE-560 099. 27. SRI. VISHWANATH S/O VENKATARAMANAPPA, BHAVANI MAIN ROAD, HEBBUGODI, ANEKAL TALUK, BANGALORE-560 099. 28. SRI. SATISH S/O SRINIVASA SHETTY, HEBBUGODI, ANEKAL TALUK BANGALORE-560 099. 29. SMT. KANAKAMMA W/O ASHWATHA REDDY, VINAYAKANAGAR, HEBBAGODI, ANEKAL TALUK, BANGALORE-560099. - 7 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 30. SRI. NAGARAJ S/O SRINIVASAPPA, AGED ABOUT 45 YEARS, R/AT BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. 31. SRI. MANJUNATH S/O SRINIVASAPPA, AGED ABOUT 39 YEARS, R/AT BHAVANI MAIN ROAD, HEBBAGODI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-560099. …RESPONDENTS (BY SRI.K.R.NAGARAJA, ADVOCATE FOR SRI.V.VISHWANATH SHETTY, ADVOATE FOR R2 AND R17 (P/H); MISS.PREETHA M., ADVOCATE FOR SRI.SANTHOSH RAJ C. DESHMUKH, ADVOCATE FOR R3, 4, 6, 8, 23 TO 27 (P/H); SRI.L.CHANDRASHEKAR AND KIRAN KUMAR, ADVOCATES FOR R7; SRI.SANJAY VENKAT K.S., ADVOCATE FOR SRI.KEMPANNA, ADVOCATE FOR R15 (P/H); SRI.THIPPESWAMY, ADVOCATE FOR R5, 13, 14, 22, 28 AND 29; SRI.H.P.LEELADHAR, ADVOCATE FOR R20; R1, R9, R19 ARE SERVED AND UNREPRESENTED; V/C/O DATED 23.06.2021 WP STANDS DISMISSED AS AGAINST R10 TO 12, 21, 30 AND 31; V/C/O DATED 01.12.2021 AND 15.07.2025 WP AS AGAINST R16 & R18 REJECTED) THIS WRIT PETITION FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE ORDER - 8 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 DATED 20.11.2018 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BANGALORE IN O.S.NO.39/2017 DISMISSING I.A.NOS.6, 9 TO 13 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER In this writ petition, petitioners are seeking for the following relief: "a. To quash the order dated 20.11.2018 passed by the court of the Senior Civil Judge and JMFC, Anekal, Bangalore in OS.No.39/2017 dismissing IA.Nos.6, 9 to 13 vide Annexure-A. b. Grant such other relief or reliefs as this Hon'ble Court deems fit under the circumstances of the case, in the interest of justice and equity." 2. Heard Sri.G.A.Viswanatha Reddy, learned counsel for the petitioners. Miss Preetha M., advocate for Sri. Santhosh Raj C. Deshmuk, learned counsel appearing for the respondent - 9 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 Nos.3, 4, 6, 8, 23 to 27, Sri. K.R.Nagaraja advocate for Sri. V.Vishwanath Shetty, learned counsel for the respondent Nos.2 and 17(P/H) and Sri.Sanjay Venkat K.S., Advocate for Sri.Kempanna, learned counsel for the respondent No.15 (P/H). 3. Learned counsel for the petitioner submits that petitioners filed a suit for partition and separate allotment of share against the respondents. In the said suit they have filed an application for impleadment of subsequent purchasers. However, the Trial Court without considering any of the aspects rejected the application on the ground that the application was filed by the petitioners at a belated stage. The proposed defendants are necessary and proper parties to adjudicate the suit. Hence, seeks to allow the petition. 4. Miss Preetha M., learned counsel appearing for the respondent Nos.3, 4, 6, 8, 23 to 27, supports the impugned order of the Trial Court and submits that the proposed defendants are the subsequent purchasers of the suit schedule properties and alienation of those properties took place two decades prior to filing of the application, and the application was filed without seeking amendment to the plaint with regard - 10 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 to challenging the said sale deed. Hence, seeks to dismiss the petition. 5. I have heard the arguments of the learned counsel for the petitioners, the learned counsel for the respondents, meticulously perused the material available on record. 6. The pleading and material on record indicate that the petitioners have filed the suit for partition and separate allotment of their half share in the suit schedule property. In the said suit, the petitioner filed an application in IA.No.6 under Order I Rule 10(2) of the Code of Civil Procedure, seeking to implead defendant Nos.8 to 29. In support of the application, the petitioner filed an affidavit stating that the properties were sold without any legal necessity or family benefit in favour of the proposed defendants on different dates and that they are necessary and proper parties to adjudicate the suit. 7. The Trial Court considering the material on record, rejected the application on the ground that the proposed defendants purchased the properties during the year 1995-96 and the plaintiffs have not challenged the subject sale deeds within three years from attaining the majority. I do not find any - 11 - HC-KAR NC: 2025:KHC:27506 WP No. 2255 of 2019 error in the finding of the Trial Court in rejecting the application. 8. On perusal of the accompanying affidavit, it does not indicate any grounds as to why the proposed defendants are necessary parties. Even the dates of sale are not forthcoming in the affidavit. The Trial Court taking note of the aforesaid fact and also considering that the sale deeds are not challenged in the pending suit, rejected the application. I do not find any error in the impugned order passed by the Trial Court. Hence, the writ petition is devoid of merit, and the same is liable to be rejected. 9. For the aforementioned reasons, I proceed to pass the following: ORDER The writ petition is hereby dismissed. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SRK List No.: 1 Sl No.: 28